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(영문) 인천지방법원 2019.10.11 2019나54897
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff owned L land and M land in Kimpo-si and operated N Co., Ltd. for the purpose of manufacturing steel structure, manufacturing steel structure and construction on its ground.

B. On February 19, 2013, the Plaintiff drafted a written agreement as shown in the attached Form D (hereinafter “instant agreement”) with D, the owner of the land in Jeju Jeju-si, Jeju-si, Jeju-si.

C. On May 2, 2011, E forest E 9,620 square meters was subject to registration conversion into J forest 9,827 square meters (hereinafter “J forest before division”), and on January 19, 2018, K forest 2,100 square meters (hereinafter “K forest before division”) was merged into J forest before division, and on February 23, 2018, C forest 95 square meters (hereinafter “instant land”).

On the other hand, on December 21, 2017, D completed the registration of ownership transfer on the grounds of sale as of April 27, 2017 with respect to JJ forests and K forests before the division to the Defendant, which is a company in which it is a joint representative director.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 2, and 6 (including additional numbers), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion D measured “A approximately 30 square meters out of land G in the Gimpo City” in the instant agreement and agreed to sell KRW 1 million per square meter to the Plaintiff. Since then, the part sold to the Plaintiff through surveying and dividing was specified as the land in the instant case.

Since the Defendant, as a company established by D, succeeded to the obligation to transfer ownership under the instant agreement, as well as all projects being promoted in the J forest before division and in the K forest located before division, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land due to sale on February 19, 2013.

B. In full view of the facts acknowledged earlier, as well as evidence Nos. 2, and evidence Nos. 3 and 4, D and the Defendant jointly with O, P, and Q on October 6, 2016.

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